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Amending Chapter 7 Entitled Cable Television Franchising
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Amending Chapter 7 Entitled Cable Television Franchising
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Last modified
4/29/2013 2:41:17 PM
Creation date
4/29/2013 2:36:23 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
4/11/1983
Ord-Res Number
7181-83
Bill Number
17-83
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(8) Any portion of a CATV system in public ways and <br />public places shall comply with all appli- <br />cable laws, regulations, and ordinances, and all <br />its wires, cables and installations suspended <br />from poles in public ways and public places shall <br />comply with the minimum clearance of above ground <br />requirements for telephone lines, cables, wires <br />and conduits. <br />(9) Conduit material shall be in accord with recog- <br />nized industry -wide standards, as approved by the <br />Board. <br />(10) The franchisee shall extend service to all areas <br />which are subsequently annexed to the City, with <br />such extensions being made within nine (9) months <br />after completion of all statutory annexation <br />procedures, provided that this subsection shall <br />not apply to any area subsequently annexed until <br />there are at least 40 potential subscribers per <br />mile of cable. <br />(i) Municipal, Public and Educational Access Channels: <br />The franchisee shall provide and maintian, without <br />charge, one or more designated combined access <br />channels, the number of which channels shall be based <br />on the demand for access and which shall be increased <br />as the originally designated channel and each <br />subsequently designated channel becomes fully <br />programmed twenty -four hours per day, but in no event <br />shall the number of such channels exceed ten (10) <br />percent of the franchisee's then current channel <br />capacity, for the following purposes: <br />(a) Use by the City of South Bend; <br />(b) Non - commercial public access on a first <br />come, non - discriminating basis; <br />(c) Use by the South Bend Community <br />School Corporation. <br />The franchisee shall provide to users of such access <br />channel(s) all equipment and technical and production <br />assistance necessary to enable the user's personnel to <br />originate a basic broadcast from studio space provided <br />by the franchisee, and in the case of the City of <br />South Bend or the South Bend Community School <br />Corporation, to originate a taped broadcast from a <br />remote location. A franchisee may utilize for its own <br />programming any air time not used for the purposes <br />stated in this subsection. <br />(j) Preferential or Discriminatory Practices Prohibited: <br />The franchisee shall not make or grant preference or <br />advantage to any person or subject any person to <br />prejudice or disadvantage as to rates, charges, <br />services, service facilities, rules, regulations, or <br />any other matter. <br />(k) Emergency Use of Facilities: In the case of any <br />emergency or disaster, the franchisee shall, upon <br />request of the Board or Mayor, make its audio <br />facilities available to the City for emergency use <br />during the emergency or disaster. <br />(1) Rates and Charges: <br />(1) The franchisee's rates and charges to subscribers <br />for services under a City franchise shall be fair <br />and reasonable and no higher than necessary to <br />its required cost of service, including the <br />establishment and maintenance of necessary <br />
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